Res 2017-167/approving a Lease-Purchase Agreement with the Trust for Public Land providing for the City to lease with an option to purchase approximately 102 acres of land west of the City off of Derby Court, which agreement provides for payment by the C

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EXHIBIT "D" MEMORANDUM OF LEASE AND OPTION For and in consideration of the sum of $10.00 and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, by the parties hereto, THE TRUST FOR PUBLIC LAND, a charitable nonprofit California corporation, whose address is 306 North Monroe Street, Tallahassee, Florida, 32301 (hereinafter referred to as the "Lessor" or "Seller"), hereby grants to the City of San Marcos, Texas ("City"), (hereinafter referred to as the "Lessee," or "Buyer") the sole, exclusive and irrevocable option to purchase that certain real property and appurtenances thereto, comprising a total of 102.17 acres in Hays County, Texas, described more fully in EXHIBIT "A" attached hereto and by this reference made a part hereof. The option herein granted extends from the date hereof through 12:00 midnight on the day prior to the end of the lease term. The full text of the option granted may be found in a certain Lease -Purchase Agreement between Lessor and Lessee of even date herein. If the option is not exercised on or before 12:00 midnight of the day prior to the end of the lease term, said exclusive option shall automatically expire and be of no further force and effect without the necessity to record any other instrument. IN WITNESS W , e ofpi her s caused this Memorandum of Lease and Op to x t al d by my authorized signatory(ies) on the Signed, sealed and delivered E in the presence of: HE F R JUBLIC LAND AL Witness Print Name 1104N Date: Witness Print Name STATE OF TEXAS ) COUNTY OF HAYS ) The foregoing instrument was acknowledged before me this day of 2017, by XYZ of The Trust for Public Land, a California non-profit corporation, who is personally known to me. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No: My Commission Expires: Signed, sealed and delivered LESSEE: 21